Session of 1998
HOUSE BILL No. 2711
By Representatives Shultz, Aurand, Beggs, Dahl, Faber,
Franklin, Haley,
Horst,
Huff, Hutchins, Landwehr, P. Long, Mayans, Mays, Neufeld,
O'Connor,
Pauls, J. Peterson, Presta, Ray, Shallenburger, Stone, Swen-
son,
Toplikar, Vickrey and Vining
1-23
12
AN ACT relating to crimes and
punishments; concerning determination
13 of offender's criminal
history classification; amending K.S.A. 1997
14 Supp. 21-4711 and
repealing the existing section.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section 1. K.S.A. 1997 Supp.
21-4711 is hereby amended to read as
18 follows: 21-4711. In addition to the
provisions of K.S.A. 21-4710 and
19 amendments thereto, the following shall
apply in determining an of-
20 fender's criminal history classification as
contained in the presumptive
21 sentencing guidelines grid for nondrug
crimes and the presumptive sen-
22 tencing guidelines grid for drug
crimes:
23 (a) Every three prior adult
convictions or juvenile adjudications of
24 class A and class B person misdemeanors in
the offender's criminal his-
25 tory, or any combination thereof, shall be
rated as one adult conviction
26 or one juvenile adjudication of a person
felony for criminal history pur-
27 poses. Every three prior adult convictions
or juvenile adjudications of
28 assault as defined in K.S.A. 21-3408 and
amendments thereto occurring
29 within a period of three years shall be
rated as one adult conviction or
30 one juvenile adjudication of a person
felony for criminal history purposes.
31 (b) A conviction of
subsection (a)(1) of K.S.A. 21-4204 and amend-
32 ments thereto, criminal possession of
firearms by a person who is both
33 addicted to and an unlawful user of a
controlled substance, subsection
34 (a)(4) of K.S.A. 21-4204 and amendments
thereto, possession of a firearm
35 on school grounds or K.S.A. 21-4218 and
amendments thereto, possession
36 of a firearm on the grounds or in the state
capitol building, will be scored
37 as a select class B nonperson misdemeanor
conviction or adjudication and
38 shall not be scored as a person misdemeanor
for criminal history pur-
39 poses.
40 (c) (1) If the current crime
of conviction was committed before July
41 1, 1996, and is for subsection (b) of
K.S.A. 21-3404, involuntary man-
42 slaughter in the commission of K.S.A.
8-1567 and amendments thereto
43 driving under the influence, then, each
prior adult conviction or juvenile
HB 2711
2
1 adjudication for K.S.A. 8-1567 and
amendments thereto shall count as
2 one person felony for criminal
history purposes.
3 (2) If the current
crime of conviction was committed on or after July
4 1, 1996, and is for involuntary
manslaughter while driving under the in-
5 fluence of alcohol and drugs, each
prior adult conviction, diversion in lieu
6 of criminal prosecution or juvenile
adjudication for an act described in
7 K.S.A. 8-1567 and amendments
thereto, and each prior adult conviction,
8 diversion in lieu of criminal
prosecution or juvenile adjudication for vi-
9 olations of municipal ordinances
or county resolutions which are com-
10 parable to an act described in K.S.A.
8-1567, and amendments thereto,
11 shall count as one person felony for
criminal history purposes.
12 (d) Prior burglary adult
convictions and juvenile adjudications will be
13 scored for criminal history purposes as
follows:
14 (1) As a prior person felony
if the prior conviction or adjudication
15 was classified as a burglary as described
in subsection (a) of K.S.A. 21-
16 3715 and amendments thereto.
17 (2) As a prior nonperson
felony if the prior conviction or adjudication
18 was classified as a burglary as described
in subsection (b) or (c) of K.S.A.
19 21-3715 and amendments thereto.
20 The facts required to
classify prior burglary adult convictions and ju-
21 venile adjudications must be established by
the state by a preponderance
22 of the evidence.
23 (e) Out-of-state convictions
and juvenile adjudications will be used in
24 classifying the offender's criminal
history. An out-of-state crime will be
25 classified as either a felony or a
misdemeanor according to the convicting
26 jurisdiction. If a crime is a felony in
another state, it will be counted as a
27 felony in Kansas. The state of Kansas shall
classify the crime as person or
28 nonperson. In designating a crime as person
or nonperson comparable
29 offenses shall be referred to. If the state
of Kansas does not have a com-
30 parable offense, the out-of-state
conviction shall be classified as a non-
31 person crime. Convictions or adjudications
occurring within the federal
32 system, other state systems, the District
of Columbia, foreign, tribal or
33 military courts are considered out-of-state
convictions or adjudications.
34 The facts required to classify out-of-state
adult convictions and juvenile
35 adjudications must be established by the
state by a preponderance of the
36 evidence.
37 (f) Except as provided in
subsections (4), (5) and (6) of K.S.A. 21-
38 4705 * 21-4710 and
amendments thereto, juvenile adjudications will be
39 applied in the same manner as adult
convictions. Out-of-state juvenile
40 adjudications will be treated as juvenile
adjudications in Kansas.
41 (g) A prior felony conviction
of an attempt, a conspiracy or a solici-
42 tation as provided in K.S.A. 21-3301,
21-3302 or 21-3303 and amend-
43 ments thereto, to commit a crime shall be
treated as a person or non-
HB 2711
3
1 person crime in accordance with the
designation assigned to the
2 underlying crime.
3 (h) Drug crimes are
designated as nonperson crimes for criminal his-
4 tory scoring.
5 Sec. 2. K.S.A. 1997
Supp. 21-4711 is hereby repealed.
6 Sec. 3. This act shall
take effect and be in force from and after its
7 publication in the statute book.
8